NH Senate Can't Make AG Join Health Reform Suit: Court

Law360, New York (June 16, 2011, 5:44 PM EDT) -- New Hampshire's highest court ruled Wednesday that the state legislature could not force the attorney general to join a suit before the Eleventh Circuit challenging the federal health care reform law, saying such an action would violate the state constitution.

The state Supreme Court unanimously held that the executive branch had the sole authority to enforce the law, and that a directive by the legislative branch to join a lawsuit would breach the constitution's separation-of-powers doctrine.

The state House of Representatives has already passed HB 89,...
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